Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 5545

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3717)

Brown Star Pty. Ltd. and CFMEU Act Enterprise Agreement 2018

Australian Capital Territory
Commissioner Wilson	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Brown Star Pty. Ltd. and CFMEU ACT Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Brown Star Pty. Ltd. and CFMEU ACT Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the Brown Star Pty. Ltd. and CFMEU ACT Enterprise Agreement 2018. The applicant's request was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement contained all the mandatory terms prescribed by the Act, and whether the agreement had been fairly and genuinely negotiated. Additionally, the Commission needed to ascertain whether the agreement was in the best interests of the employees and whether the process leading to its negotiation was procedurally fair.

The Commission meticulously reviewed the agreement, considering its compliance with the statutory requirements outlined in the Act. It was found that the agreement included all the mandated terms and that the negotiation process had been conducted in good faith and in accordance with the procedural fairness principles. Furthermore, the Commission determined that the agreement was in the best interests of the employees. Consequently, the Commission approved the Brown Star Pty. Ltd. and CFMEU ACT Enterprise Agreement 2018, recognising its alignment with the legislative framework and its beneficial impact on the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established